Arbitral Digest

Matter

The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited (Hong Kong District Court DCCJ 225/2016)

  1. 23 June 2016Hong Kong

    23 June 2016Hong Kong

    Decision of the District Court of the Hong Kong Special Administrative Region in the case DCCJ 225/2016 dated 23 June 2016

    District Court of the Hong Kong Special Administrative Region

    Case no.
    DCCJ 225/2016
    Decision summary
    The court held that clause 4.1.36 of the parties’ contract gave them a choice whether to arbitrate and did not compel arbitration under the Arbitration Ordinance. It dismissed Golden Rise’s application to stay the action, allowed the Incorporated Owners to continue the court proceedings, and ordered Golden Rise to file its defence within 21 days and pay the costs of the stay application on an indemnity basis, subject to summary assessment.

    Supporting details

    9 authorities · 7 participants
    The Incorporated Owners of Wing Fai Building, Shui Wo Street
    Representative
    K Y Kwok (For: The Incorporated Owners of Wing Fai Building, Shui Wo Street)
    Representative
    Li, Kwok & Law (For: The Incorporated Owners of Wing Fai Building, Shui Wo Street)
    Golden Rise (HK) Project Company Limited
    Representative
    Jerry M S Chung (For: Golden Rise (HK) Project Company Limited)
    Representative
    Yeong & Co (For: Golden Rise (HK) Project Company Limited)
    District Court of the Hong Kong Special Administrative Region

    Authorities cited

    9
    • Hong Kong Arbitration Ordinance, Cap 609
      statute
    • Anzen Ltd v Hermes One Ltd ([2016] UKPC 1)
      case-law
    • Tommy CP Sze & Co v Li & Fung (Trading) Ltd ([2003] 1 HKC 418)
      case-law
    • Grandeur Electrical Co Ltd v Cheung Kee Fung Cheung Construction Co Ltd ([2006] 3 HKLRD 535)
      case-law
    • Hannice Industries Ltd v Elite Union (Hong Kong) Ltd (HCA 1876/2011)
      case-law
    • Guangdong Agricultural Co Ltd v Conagra International (Far East) Ltd (HCA 3032/1992)
      case-law
    • China State Construction Engineering Corporation Guangdong Branch v Madiford Ltd (HCA 6563/1991)
      case-law
    • Tianjin Medicine & Health Products Import and Export Corporation v J A Moeller (Hong Kong) Ltd (HCA 11228/1993)
      case-law
    • UNCITRAL Model Law
      treaty or convention

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The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited (Hong Kong District Court DCCJ 225/2016) · Matter